Insight from a Child Custody, Support, and Visitation, or Parenting Time
Lawyer in Indiana

Carmel Divorce Attorneys Addressing All of Your Questions and Concerns

Going through a divorce when the two of you share a child or children together
is much more complicated than most other forms of divorce. Not only do
you and your ex-spouse need to think about what benefits you two the most,
but you have to now think about what is right for your children.

Instead of facing this troubling time alone, or trying to force yourself
to work with an ex you might want nothing to do with, allow our
Carmel family lawyers from Hollingsworth & Zivitz to come to your assistance. In addition
to creating custody, support, and visitation orders, we can also assist with
modifying custody and
modifying support orders. Established in 2004 and comprised of an eclectic team of diverse
minds, we believe we should be your first choice for legal counsel.

What Is Legal Versus Physical Custody? Will I Receive Partial or Full Custody?

Indiana State legislation recognizes two distinct forms of custody over
a child: physical and legal, as well as full and partial. Both are critical
for your divorce proceedings and will heavily influence all of your lives
going forward. Be sure you fully understand your child custody agreement
and how it pertains to all forms of custody before you sign anything.
Speak to your divorce lawyer or a child custody attorney in Indianapolis
if you are uncertain.

Consider the following four definitions of custody:

Physical: Determines where your child will live, go to school, and generally spend
their time.

Legal: Determines how significant life decisions, like upbringing and medical
care, are chosen and handled.

Full: You get final say in most decisions relative to your child, regardless
of how the other parent feels, and your child lives with you and only
you. The other parent must request visitation to see their child.

Shared: Your child will live with you and the other parents, determined by a parenting
time schedule. Major life decisions will require input from the two of
you, unless an emergency dictates otherwise.

Example: If you have shared physical custody but full legal custody of your child,
your child may live with you during the weekdays but with your ex-spouse
during the weekend. Despite this split time table, you will be the only
one permitted to make difficult choices about their life and upbringing.

Best Interests and Parenting Time Guidelines

The divorce courts in Indiana State are instructed to come to conclusions
that are in the “best interests” of your children, not necessarily
of you and your spouse. This means that their needs will be put first
and foremost. It does not mean that you cannot persuasively argue as to
why you deserve full custody, or whatever your aim may be.

A court will have to consider the following when determining your child’s
best interests:

Age and sex of the child

Interaction with siblings

Child’s comfort in current school

Health of child and parents

Criminal history of each parent

Income stability of each parent

The Indiana Parenting Time Guidelines (IPTG) will also be weighed when the court comes to a decision. These legal
guidelines are seen as a last resort option when parents cannot agree
to an amicable solution, or if they cannot convince the judge using their
own arguments. Additionally, the guidelines are only suggestions and a
judge’s discretion can become a factor in your case.

What Are My Options for Enforcing Child Support?

As part of your divorce agreement, you and your spouse should each decide
who will receive child support, if anyone at all. In most cases, the parent
who houses the child most frequently will win a varying degree of child
support payments each month from the other, regardless of incomes. Trouble
can quickly form if the parent ordered to pay child support refuses to
do so, or inadvertently falls behind on payments.

If your ex-spouse is not paying child support, you may be able to use the
following legal options:

Wage garnishment: Sometimes called wage assignment, this is when the state extracts money
straight from your ex’s paychecks and deposits it into your own
checking account.

Writ of execution: Not as violent as it sounds, a writ of execution is a judge’s order
that seizes bank accounts, stocks, real estate, and more until child support
payments are made.

Civil contempt: You can file a contempt of court action if all else fails, which can create
an arrest warrant in the name of your ex-spouse.

Call 317.DIVORCE for Compassionate Legal Counsel in Hamilton County

A cursory glance at the proceedings behind child custody, visitation, and
child support reveals the underlying complexities and potential frustrations.
Prepare your case with confidence by allowing our Carmel child custody
lawyers handle it for you. We are well-versed with legalese, the law,
and litigation, capable of standing up for your rights in court or in
the conference room. We can also assist with child custody and support
matters that arise from
paternity and
legal separation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.